Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-5nwft Total loading time: 0 Render date: 2024-05-23T18:59:28.196Z Has data issue: false hasContentIssue false

4 - The Use of Force in Writings of ‘Positivistic’ Inclination

from Part I - The Use of Force in Nineteenth-Century Doctrine

Published online by Cambridge University Press:  10 September 2021

Agatha Verdebout
Affiliation:
Université Catholique de Lille
Get access

Summary

This chapter is the third and last one dedicated to the analysis of nineteenth-century doctrine. It focuses on ‘positivist’ literature and follows the same structure as the two previous chapters. It starts by evidencing how ‘positivist’ construed that international legal order. It shows how they kept but ‘positivized’ many naturalist premises, such as the principle of independence, equality and self-preservation. When it came to custom identification and determination, ‘positivist’ firmly advocated a ‘historical’ method. Consequently, when analysing the rules of intervention, positivist authors engaged in a much more thorough analysis of State practice than their colleagues. Notwithstanding, this stillled them to conclude that non-intervention was the rule, and that instances of uses of armed force where the application of exceptions to this rule. Thus, even nineteenth-century ‘positivists’, who we today tend to portray as ‘neo-Hegelians’, believed the use of force was not an unrestricted prerogative of States.

Type
Chapter
Information
Rewriting Histories of the Use of Force
The Narrative of ‘Indifference'
, pp. 78 - 106
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×